AFFIRMED.
O'CONNELL, J.
This is an action to recover damages for the alleged breach of a contract of insurance. Plaintiff is the insured under a policy of insurance issued by defendant. The alleged breach consisted of defendant's refusal to defend a prior action brought by a third person against plaintiff for assault and battery. Plaintiff seeks to recover the amount expended by him in defending the prior action. Defendant demurred to the complaint on grounds...
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